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Section 42 Registration and naturalisation: citizenship ceremony, oath and pledgeC1C2C3C4F1

United Kingdom

(1)

A person of full age shall not be registered under this Act as a British citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.

(2)

A certificate of naturalisation as a British citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5 at a citizenship ceremony.

(3)

A person of full age shall not be registered under this Act as a British overseas territories citizen unless he has made the relevant citizenship oath and pledge specified in Schedule 5.

(4)

A certificate of naturalisation as a British overseas territories citizen shall not be granted under this Act to a person of full age unless he has made the relevant citizenship oath and pledge specified in Schedule 5.

(5)

A person of full age shall not be registered under this Act as a British Overseas citizen or a British subject unless he has made the relevant citizenship oath specified in Schedule 5.

(6)

Where the Secretary of State thinks it appropriate because of the special circumstances of a case he may—

(a)

disapply any of subsections (1) to (5), or

(b)

modify the effect of any of those subsections.

(7)

Sections 5 and 6 of the Oaths Act 1978 (c. 19) (affirmation) apply to a citizenship oath; and a reference in this Act to a citizenship oath includes a reference to a citizenship affirmation.

Annotations

Textual amendments

F1

Ss. 42-42B substituted (1.1.2004) for s. 42 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 3, 162, Sch. 1 para. 1 (with s. 159); S.I. 2003/3156, art. 2(a) (with arts. 3, 4)

Modifications

C1

Ss. 41, 42, 44-48 extended by British Nationality (Falkland Islands) Act 1983 (c.6, SIF 87), s. 4(2)(a)-(f)

C2

Ss. 40-42, 44-48, 50 extended by British Nationality (Hong Kong) Act 1991 (c.34, SIF 87), s.2(3)

C3

S. 42 amended (18.7.1996) by 1996 c. 41, s. 2(2)

C4

S. 42 modified (19.3.1997) by 1997 c. 20, s. 2(3)

Notes on Part V

Modifications

C1

Pt. V (ss. 36–53) extended by S.I. 1983/882, art. 3(5)